Assumption of Risk in a Personal Injury Case
Some activities are inherently dangerous, and most of us know this on some level before even performing them. A good example here would have to be bungee jumping or sky jumping. If you’re going to perform these activities under the supervision of professionals, you’ll most likely be asked to sign a waiver which essentially lets these companies off the hook should anything bad happen to you.
How Does Assumption of Risk Factor Into a Texas Personal Injury Case?
After your injury, if you attempt to file a lawsuit, the company may decide to lawyer up and claim the assumption of risk defense. This is a legal defense borrowed from common English law that essentially protects certain defendants from being liable for your accident. This legal construct states that the defendant did not owe you a duty of care since you knew of the risks of the activity you partook in at the time, and voluntarily accepted those risks.
That being said, assumption of risk is not as broad as many companies would have you believe. There are still many ways in which you can overcome this defense. If you can prove that the defendant, for example, didn’t offer you adequate protective gear or acted in a manner that downplayed the risks associated with the activity, their defense may come tumbling down like a house of cards.
Every case is different, and to know where you stand you really need to discuss the facts of your case with an experienced personal injury attorney in your state. We understand that this subject is incredibly complex and that you probably won’t know where to start, but take my advice and seek out an attorney who will provide a free over-the-phone consultation. There’s no need to try and handle a case like this on your own, as personal injury attorneys take cases like this on contingency (no win, no pay). To speak with the Texas attorneys at Rasansky Law Firm about your case for free, we invite you to call 1-800-ATTORNEY today.
Category: In Depth
